i'm brooke baldwin live here in boston. i want to welcome our viewers here in the united states and all around the world. welcome to cnn's special coverage of the breaking developments in the boston marathon terror attack. we begin with three more people now in custody of the fbi, arrested today in this boston bombing case. they are due in federal court any minute. we have cameras there. we will show that to you live. here's what we know as of this point in time.

the very fluid new details coming into us at cnn. two are from kazakhstan. here they are. they were college classmates of the younger brother here, dzhokhar tsarnaev, attending classes at umass dartmouth. seen here, we keep showing you this picture, this is a picture taken in times square during a trip to new york city, along with the bombing suspect, dzhokhar tsarnaev, second to the right there. their charges, making false statements to federal authorities, and conspiracy to obstruct justice. we also have new pictures of both the suspects. so the suspects names are azamat tazhayakov and dias kadyrbayev. the other student arrested, his facebook page lists him as an engineering student. the third suspect, not in this photograph, is a u.s. citizen. we still have no more details about this particular person. you know we're digging. as soon as we get information,

we'll pass it along to you. wasn't to beg i want to begin with pamela brown, not too far from where i am at boston at the federal courthouse. pamela, what are you learning? >> reporter: well, brooke, we just learned from the u.s. attorney's office that there will be a 3:30 hearing at the federal courthouse involving these three suspects arrested in connection with the boston bombing. we're hearing that that hearing is going to be in courtroom 19. we have seen several department of homeland security agents here at federal courthouse, outside of the courthouse, also inside, in full gear. this is something you don't typically see at the federal courthouse. now, we have learned from sources that the two -- two of the suspects, dias kadyrbayev and azamat tazhayakov are the same two students from kazakhstan originally taken into custody april 19th in new bedford and released a few days later they were taken back into custody for violating their student visas according to

sources. with he kn we know they were being held on immigration charges. but authorities are using this as an opportunity to question the suspects regarding what they knew about their friend dzhokhar tsarnaev and whether they helped him carry out the attack according to authorities. now, according to cnn's susan candiotti, a law enforcement source says charges against the two students involved something when they were first questioned about allegedly not knowing the whereabouts of the brothers, tamerlan and dzhokhar tsarnaev and not seeing the suspects after the boston marathon attack. the charge of conspireing to obstruct justice relates to removing items from dzhokhar's dorm room and throwing them into a dumpster. those objects disposed of include fireworks and a trash bin, the trash bin was taken to a land fill. we talked about that search at that land fill last weekend, it was a two-day search involving fbi investigators. we don't have specifics about

the charges for the third suspect, all we know at this point is that the third suspect that was arrested in connection with the boston bombing attack is a u.s. citizen. and we're hearing from one of the students' attorneys, though, that that third suspect was a student at umass dartmouth. 3:30 hearing, here at the federal courthouse today, according to the u.s. attorney's office. brooke? >> okay, pamela brown, stand by there. again, these are federal charges, hence the federal courthouse here in boston. for more on the chronology and details and the ticktock as we see, i want to go to jake tapper who is now in washington for some new details on these developments today. and, jake, you're talking to these two government sources and i want you to specifically talk about this window when according to your sources some of these suspects apparently were contacted by dzhokhar tsarnaev after monday's boston bombings here on boylston street. >> that's right, brooke.

it is an interesting window because what one u.s. government source tells me is that the three suspects that have been picked up for obstruction of justice claim that dzhokhar tsarnaev contacted them and asked them to dispose of these items, the laptop, and the fireworks, that were his, that you might remember a few days ago law enforcement was looking for in that land fill near umass dartmouth. but what law enforcement say is significant is -- significant is the fact that this request was made sometime between the release of the photograph of the suspects on thursday, april 18th, just a few days after the terrorist attacks and the early morning of friday, april 19th, when the names of the suspects were released into the public. and this window is when this contact was made according to my

government -- the government official that i spoke with, and that's one of the reasons why law enforcement is -- that the three individuals had no idea that their friend dzhokhar tsarnaev and fellow classmate was being sought by law enforcement. his name was not out there, but his picture was, and as you know, you and i covered this extensively, the older brother did not look like himself, he had shaved his beard, had sunglasses, had was on forward, but dzhokhar, everybody who knew dzhokhar recognized him in that picture. he was very recognizable. >> obvious questions, you know, and obviously if you're going to get a phone call from someone, someone asks you to dispose of something, you're thinking questions like why, and what potentially have you done, all questions we know investigators were asking of these young suspects. my other question to you, jake, in reading what you have been learning, one of these government sources of yours said, at some point in time with regard to one of the younger suspects, one student at umass dartmouth, bells should have

been going off. why? >> well, there are a couple of incidents where this -- we talked about this over the last couple weeks, the issue of information sharing and how much law enforcement agencies are sharing information. one of the issues, pamela just touched upon, that's the fact that the fbi was interviewing these three students the night after dzhokhar was identified. friday night, april 20th, into saturday morning. and the immigration officials did not know about those interviews, so wasn't until later that they went back and detained two of them who are not in this country legally. they were not of legal status. but then here is the other issue. one of these kazakh students, i believe his name is azamat tazhayakov, azamat, he went back to kazakhstan, according to a government official, in december 2012, he returned in january. but in between his going to kazakhstan and his return on

january 20th, the university of massachusetts at dartmouth said he was no longer a student. on january 3rd he was no longer of legal status. so what a government official said to me is he should never have been admitted back into the country. january 3rd, his student visa expired or should have expired because he was no longer legally a student and on january 20th, somehow he still made his way back in. even though law enforcement and government officials are cautioning these three individuals are wanted for activities after the terrorist attack and so far no evidence that they knew anything about the attacks before they happened, there are questions about why this young man was supposed -- was allowed to come back into the country, even though he did not have a legal reason to be here. brooke? >> jake tapper, thank you so much. as you get more information, let us know, we'll put you back on tv. according to a source, police caught on to one of the students facing charges after he made a change on his facebook page of all places. deborah feyerick is covering that angle for us today in new

york. deb? >> and, brooke, one thing we want to say is we just received a copy of the criminal complaint against dias kadyrbayev and azamat tazhayakov. we're being told that they're going to be charged with conspiracy to obstruct justice by conspireing to destroy, conceal and cover up tangible objects belonging to suspected marathon bomber dzhokhar tsarnaev, namely a laptop computer and a backpack containing fireworks. earlier we reported they were looking for a black backpack that was believed to belong to him. they didn't know what happened to that or to tsarnaev's computer. and the third man, that is still under seal, but that's what we're being told in terms of these two kazakh students. and also, in the criminal complaint, they released a picture, hard to make out, but it is in the criminal complaint and you can see some of the fireworks which they believe belonged to tsarnaev. there are some pictures of him

seen shooting off roman candles. so, again, that appears to be what they're going to be charging him with. we do want to talk about one of the suspects, dias kadyrbayev. he attended umass, close to the 19-year-old bomb suspect dzhokhar tsarnaev. they knew each other. they were seen in multiple photographs together. from the very beginning, he was of keen interest to investigators. and one of the reasons is because of a timeline of events that happened related to his facebook page. now, kadyrbayev was taken into custody on april 19th, before dzhokhar tsarnaev was ever found, was ever arrested, but this young man, this kazakh was taken in for questioning. questioned for about ten hours according to his lawyer. fbi agents picked him up and handcuffed him and really he was wearing a sweatshirt and boxer pants as what we see in the picture. the reason, again, going back to his facebook page.

at about 3:00 in the morning, he deletes a photograph of both him and the 19-year-old bomb suspect dzhokhar tsarnaev. they were seen arm and arm around a table and appeared they were having dinner. for some reason, this young man deletes that particular facebook photograph. then, a little later on, in the morning, again, we're talking about nobody knows where this 19-year-old kid is, we don't know he's in the boat yet, apparently two things happen. and this is a picture that was deleted off the facebook account. another thing that happens is in the very early morning hours, within a 15-minute period, both of those individuals change their facebook photographs. dzhokhar tsarnaev changes his to sort of this iconic black and white photo that we have been seeing. but that young man, dias, he changes his photograph to one where you can't even see his face, he's wearing an iron man mask. all of that raises keen suspicions among investigators.

when you look at dias' facebook page, also he says that not that he attended umass dartmouth but attended on his facebook page m.i.t., massachusetts institute of technology, he was scheduled, he says his class 2016 and he's an engineering student and clearly that was of keen importance to investigators because they -- you know, there was a theory that somebody helped them build this bomb and build it successfully. brooke? >> deborah, as you've been speaking, we have been showing some of the pictures you've been alluding to on the leave-hand side of the screen. if i can, just quickly, go back to the picture you showed briefly earlier from this criminal complaint, a picture of the fireworks that are in question. forgive me, i didn't fully hear you. was there anyone in the picture? did i hear you say dzhokhar tsarnaev is in the photograph? >> no, this is the picture. you can see it right there. you can see it right there. but remember they found pyrotechnics in the dorm room, that belonged to dzhokhar tsarnaev. there was a black backpack that

he had been seen with, but nobody could find in the dorm room. so that was missing. as was the computer. but what we can tell you is that the three -- the three men are being charged or sorry -- the two students from kazakhstan are being charged with conspiracy to obstruct justice, by conspireing to destroy, conceal and cover up tangible objects belonging to the suspected marathon bomber dzhokhar tsarnaev. so that's what they're being charged with. and initially one of the lawyers said it is just an immigration charge, but clearly this steps up to a whole new level. brooke? >> absolutely, just seeing the pictures here, this is the first time we're seeing these images of these fireworks. it is stunning, from this criminal complaint. deborah feyerick, thank you so much. we'll stay on thissa angle, tal about the charges and the students who will be walking in a federal courtroom, not far from where i stand in boston. when it comes to the fireworks here, as we talk about the federal charges, how might this

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welcome back here. i'm brooke baldwin live in boston. breaking developments now that we're two and a half weeks out after the fatal bombing, just up the street from us here at the finish line at the boston marathon. four people in the end killed, three here at the blast and one m.i.t. police officer. today the news, these three suspects, these young people, two of whom from kazakhstan, one an american, are now charged, facing federal charges, will be appearing at a federal courthouse in just about an hour from now. we have gotten our hands on this criminal complaint including joe johns who has been reading through this thing. and, joe, i understand as we have been getting all this information about these two kazakh students at umass dartmouth, we now know the name

and can report the name of the third suspect, this american. >> that is correct. and i just sort of wanted to start at the beginning here, also, brooke, to give you some sense of what these documents are saying. this is the criminal complaint that has been put in by the fbi agent who essentially has all the information to allege se certain things happened, certain crimes. and what is fascinating about all of this is they start on right around the time of the bombing. the complaint says that dzhokhar tsarnaev was living in the dormitory with these characters, kadyrbayev and the other. the fbi apparently searched the room, finding among other things bbs, a large pyrotechnic and a black jacket, and a white hat of the same appearance as those warn by bomber two at the boston

marathon on april 15th. on april 18th, then, the pictures are released of the alleged bombers in the case. and kadyrbayev actually texted dzhokhar tsarnaev and said you look like a suspect on television. there is some jokes that ensue and he said come to my room and take what you want. you better not text me. there is that kind of conversation going back and forth. between 6:00 and 7:00 on april 18th, apparently the kadyrbayev, tta tazhayakov and impeaphillipos wo the dormitory room, the roommate left them in, they looked around, they noticed a backpack containing fireworks, fireworks had been opened and emptied of powder, kadyrbayev knew by then that tsarnaev was allegedly involved in the marathon

bombing. kadyrbayev, it says, these are all allegations, of course, decided to remove the backpack from the room in order to help his friend tsarnaev avoid trouble. and so apparently he did that, and after a certain period of time, they apparently decided kadyrbayev did, to throw the backpack with the fireworks inside away and tazhayakov agreed according to the document. kadyrbayev apparently, it says, was the one who threw the backpack in the garbage. and the last time they actually saw it was when a garbage truck came to their apartment complex to empty the dumpster where the backpack had been discarded. and now we get a very briefly to the false statements questions, in an interview with federal agents, the individual named phillipos, the third suspect, essentially said that, you know,

he was shocked when he saw tsarnaev, and apparently at that time they got the full statements in, given to the fbi. and on -- during a fourth interview that occurred on april 26th of 2013 it was phillipos who this document says confessed that he had lied to agents about the things that had transpired. so in a nut shell, that's how you get the allegations of taking evidence after the fact and doing away with it. and then the ensuing allegations of lies that bring these false statement charges, brooke. >> okay. joe johns, want to let you keep reading and going through all these page after page here. but so here you have it, sort of the timeline. i want to bring in ashleigh banfield and professor alan dershowitz, prominent defense attorney harvard law professor. so welcome. i know you thought this would be a quiet day for you.

not so much. here we have it. this acknowledgement now, this back and forth between some of these dorm roommates of the younger suspect dzhokhar tsarnaev and even hearing joe reading from his criminal complaint that one of them actually acknowledges via text message, gosh, you look like the guy on tv. what is your first reaction when you're hearing all these details? >> it sounds like a very, very solid case of obstruction of justice and helping to get rid of what is the most important piece of evidence imaginable, a computer. a computer tells them what happened before and also tells them what could be happening afterward. were there any contacts with people in russia? were there any contacts with other people? that might all be on the computer. were there plans for other events? was that photograph at times square a photograph or were they planning something in times square. all of these things might be on the computer. nothing could be more important. and when somebody tells you to help get rid of a computer, you clearly even know or should know, willful blindness if you

don't ask why are you getting rid of this computer, people just don't throw their computers away and fireworks. >> but is it your duty, your legal duty. much like we don't have a legal duty to respond to a legal crime in action, is it your legal duty? >> it is in this concept. the concept of willful blindness is you can't fail to inquire in order to deny yourself the knowledge that would make it a crime. so if somebody tells you something and you willfully say i don't want to know, i don't want to know, that may turn it into a crime. no affirmative duty to report a crime generally, but you certainly can't help somebody cover up a crime. >> i want to just direct your attention to something on page 13 of the complaint, forgive me for interrupting, only because we're reading this live as this is coming into our hands and that is that the young man named phillipos. >> the american. >> robel phillipos, forgive me if i'm not getting the

pronunciation right, apparently stated that once at the apartment, he, kadyrbayev and tazhayakov, quote, started to freak out because it became clear from a cnn report that we were watching that dzhokhar was one of the boston marathon bomb bombers. so the fact that he was seeing this live broadcast of his friend and the other two were well aware of what was going on according to the complaint, that gives you less pause to think they may not have known what they were up to. >> i think what we're hearing, the way i read the complaint, is maybe he changed his mind halfway through and started to cooperate and said, look, i lied previously, so we may be dealing with somebody who is already actively cooperating and now turning in some of the other people acknowledging that what he did was wrong, and that he lied. so we may begin to see cooperation. and what you see is dominos. when one guy cooperates against the other, the second guy says, i don't want to take the rap, i'm going to cooperate and the third guy cooperates.

>> bringing everyone in. >> the closest to the table -- >> the first guy in gets the best treatment. remember, the government has a lot of flexibility with the first two because they're not americans. they can be deported. they probably would like to be deported at this point, considering the alternatives. that might be a plea barring than could be struck. the american can't be deported, only prosecuted or a deal can be made with him. >> let me jump in. former friend of yours on the phone, senior legal analyst jeff toobin. you've been listening to your professor an ashleigh here and reading the criminal complaint as well. your reaction, jeff? >> my reaction is, how can human beings be so stupid? you read through this complaint and you think, this is how you react to the suspicion that your roommate may be involved in one of the most notorious crimes in american history? you start disposing of his belongings? i mean, it is just so

astonishing. but my other reaction is as serious and as mind boggling as this crime is, it does not suggest that anyone else was involved in the conspiracy to do the bombs in the first place. and i think that's what everyone is most interested in. did the conspiracy extend beyond the two brothers? there is no evidence presented here that that was the case. and i do think that's significant. >> in fact, it shows quite the opposite. it shows lack of planning, that they have to at the last minute call friends in the dorm and say, quick, quick, get rid of this, get rid of that. there was no planning, no exit strategy, no friends will come and do this and that, it really does seem to show that we have two people involved, originally, and then these others become accessories after the fact. >> before what happens here two mondays ago and the planning that went into what seemed to be a pretty sophisticated and successful detonation of the two

different bomb and then the after the fact, the lack of -- the stupidity of what happened afterwards. and now seemingly according to the allegations grabbing some college buddies. >> the after the fact is critical. knowing for a moment the suggestion that these three suspects had anything to do with the bombings, charges are -- they always reserve the right to pile on charges after the initial phases. however, what is critical to see as well that the penalties that are attached to these particular crimes are not the same. and not each of these suspects is facing the same thing. two of them are facing charges relating to actually destroying or obstructing. >> lying to investigators. >> not clear on that. definitely destroying the evidence and obstructing justice in that way in a conspiracy. but the third, and the phillipos charged with lying to investigators because he allegedly knew -- >> in a terror investigation. that's mentioned as well. our statutes are often

irrational. getting rid of evidence, getting rid of evidence is a far more serious crime than simply lying to an fbi agent in general. >> five years for obstruction. >> it may be because it is during the terrorist investigation, one has to look at the statute to see whether there say bump up in penalties. when martha stewart was convicted of lying to agents, she got a much shorter sentence than that because there wasn't any compound anything to compound that. >> an eight-year maximum for the lying and a five-year maximum for the destruction of evidence is by no means anywhere near what dzhokhar tsarnaev is facing right now, which could be the death penalty and just beneath that life in prison with no chance of ever leaving on parole. >> professor, thank you. >> enormous difference, obviously, between the quality of their crimes. one ended up killing people and the other was a cover-up. >> absolutely. professor, thank you so much. appreciate it. ashleigh banfield, don't go too far. >> a lot of reading ahead of me. >> we continue covering this

breaking news. still going through the criminal complaint, a lot of details in the pages, reporters doing this including ashleigh here. back with the breaking news here out of boston, these young suspects headed to the federal courthouse, appearance number one. less than an hour from now in boston. [ kate ] many women may not be absorbing the calcium they take as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption. [ male announcer ] the first look is only the beginning. ♪ ♪

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welcome back to our breaking coverage out of boston. i'm brooke baldwin. want to welcome our viewers here in the united states and all around the world. major dramatic developments here in this case involving the fatal marathon bomb attack, two mondays ago, here on boylston street. we now have the names and pictures of two of these three young suspects who are facing federal charges. we'll put their names up on the screen so i can tell you exactly who they are. two of them, apparently, according to this criminal complaint, lived with the younger suspect dzhokhar tsarnaev. these are the two names at the top, two 19-year-olds. azamat tazhayakov and dias kadyrbayev. these are two kazakh students, these are the two students who are facing the federal charge

conspiracy to obstruct justice. and the third, an american, robel phillipos, also age 19. getting information as we're reading through this criminal complaint, just talking to joe johns and ashleigh banfield here with me as well, learning that there were -- there was a back and forth during the timeline, the week in which the two suspects were on the run after, as they are charged, with setting off these fatal pressure cookers here in boston that there was, according to this criminal complaint, some back and forth with this younger suspect and these three students that there was a communication, they were told according to the criminal complaint to get rid of a computer, and fireworks, we have pictures of the fireworks from the criminal complaint, so clearly an element of criminality as is alleged in this complaint, this third suspect, this american facing federal charge of making false statements, lying to investigators about what he knew

and when. got all kinds of coverage, a-team here in boston to walk us through this on this afternoon, beginning with brian todd who is standing by, not too far from me here in boston at the federal courthouse. and, brian, we know the suspects will be making their first court appearance there in less than an hour. >> reporter: that's right, brooke. less than an hour in courtroom 19 here at the moakley courthouse in boston. we now have all three names as we have been reporting, dias kadyrbayev, azamat tazhayakov and robel phillipos, the three in this complaint accused of obstructing justice and making false statements. we have been reading through the complaint as you have on some of the details. again, the complaint says that these three knowingly destroyed, concealed, covered up objects belonging to dzhokhar tsarnaev, namely a backpack containing fireworks, and a laptop computer, and according to this complaint, it says with the intent to impede, obstruct, and influence the criminal investigation.

again, the third name we can now report is robel phillipos, who is accused himself of knowingly and willfully making false statements in this case. now, specifically what we have to dig into here is what the complaint says and that says that all three admitted that on april 18th, you have go back and remember, this was the day before dzhokhar tsarnaev was taken into custody, april 18th, all three admitted they removed dzhokhar tsarnaev's backpack from his dorm room at umass dartmouth dorm room in boston. and they agreed to get rid of it after concluding from news reports that dzhokhar tsarnaev was involved in the boston marathon bombings. the complaint says that they found the -- the authorities found that backpack later in a land fill, the backpack -- there was a picture inside the complaint that has the contents of it, the backpack contained fireworks, a jar of vaseline and other items and the complaint says kadyrbayev and tazhayakov placed the backpack in a trash bag and threw it into a dumpster

and that phillipos confided to agents he lied about what the other two people had done. important to emphasize here, brooke, all of this took place after the bombings, no indication at all that these three people were involved in any of the planning of the bombings beforehand. this was according to this complaint an effort by them to get rid of some of dzhokhar tsarnaev's belongings, namely a backpack with fireworks in it, and his laptop computer, brooke. >> okay, brian todd, thank you so much at the federal courthouse where the suspects will be making their first appearance at around 3:30 eastern time. the white house spokesperson jay carney was asked about this news today. here was his response to the daily briefing. >> there is obviously been a lot of information provided thus far in some of the reporting that has been done. the president said on saturday night some of the excellent reporting that has been done. the -- but this is an ongoing investigation and part of the

responsibility of an investigators is to explore all possible associations or connections, even if we pause it that it may seem at this point based on the information that has been gathered and produced and reported on that it looks as though these might have been self-radicalized individuals, you know, that's a subpoepposit that has to be proven through investigation. and the investigators have to follow all pathz and i know the president expects that's what the fbi, which is the lead nation this investigation, is making sure is what is happening in this investigation. so i don't want to, you know, make any characterizations about the developments today at this stage or say conclusively one way or the other beyond the basis of what we know so far. >> jay carney there, speaking to reporters at the white house, a little while ago. i want to bring in cnn law

enforcement analyst tom fuentes, who is also former assistant director of the fbi, and ashleigh banfield also joining me here as well. but, tom, let me begin with you. we know that these suspects are slated to appear in this federal court here in boston, facing the federal charges. again, conspiracy of obstruction of justice and lying to investigators. and as we're reading through the criminal complaint, forgive me for -- ashleigh and i and jeff toobin, remarking on the sheer stupidity if these allegations are true that these young people would have done such a thing. >> you're right, brooke. i think the stupidity, you know of other friends that have been interviewed, that, you know, tell the reporters and tell others that they recognized that it was dzhokhar, they recognized the pictures put out by the fbi on thursday afternoon that went, you know, worldwide media and internet coverage. and even after recognizing them thought, well, you know, i don't want to throw him under the bus, then call the authorities because they're friends and

didn't want to get them in trouble. this is just ridiculous. these are two people who have killed, they're murderers, they're terrorists, and yet you have friends acting like, we're going to try to keep him from getting in trouble with, you know, getting him sent to the principal's office or something. it is very stupid and very troubling, given the seriousness of what these guys are accused of doing, other friends and classmates and dorm mates and others would just agree to dispose of evidence and hide information and lie to the authorities during the investigation. i think it is just incredible. >> and ashleigh banfield, as you've been reading here on your trusty ipad, you know, the criminal complaint, the window in which they were communicating apparently with dzhokhar tsarnaev is after his face is plastered all over local, national, international media, and we know now in this criminal complaint that these friends of his are watching cnn and said, hu, that guy looks like our

friend dzhokhar tsarnaev. >> and very specific because, you know, whether it was cnn or any other network it was wall to wall everywhere and if you passed by anyone, everyone knew this was going on. before we go to that, i want to draw your attention to a footnote in the complaint. it said during interviews, tazhayakov also informed the fbi agents that while eating a meal with dzhokhar and kadyrbayev, approximately one month prior to the marathon bombings, dzhokhar had explained to kadyrbayev and tazhayakov that he knew how to make a bomb. so now we're going to go in advance of this, and you heard alan dershowitz say, it does not behoove you to report or get involved with a citizen to stop a crime necessarily. you don't commit a crime if you don't do it. however -- >> if you're not asking questions. >> it gives you the state of mind if this complaint is accurate, and if the allegations are true, it gives you the state of mind of these students, who have a one-month prior to having

discussed that dzhokhar tsarnaev knew how to make a bomb, then they see the cnn reports of his face, then they finally, by the way, finally admit in this complaint that they had lied during the complaint, that they knew nothing about it, and then they admitted, okay, we did know, we saw him on tv, we knew while you were searching and asking us that we knew he was, you know, we knew he was a wanted man. they also knew from a month prior that he knew he announced he had known how to make a bomb. so it becomes even more significant there. their basis of knowledge and the basis of which they corporal formulated a quick response to say in their defense in their best defense, dzhokhar calls him roommate and says, i think my brother is in trouble, my stuff is in my room, get rid of it, i don't want him to get in trouble. you don't know what he told his roommates. but you now know what the roommates are telling investigators acording to their complaint. >> and, again, taking this also to -- all coming out, half a step back, tom fuentes, what do

we know as far as when this whole thing broke. they were taken in initially, questioned by investigators, taken in initially and held because of student visa violations and, now, clearly, much more serious, these federal charges, correct? >> right. i think much of this part of the investigation was developed by department of homeland security, immigration, customs enforcement, the marshals, atf and other agencies as well, working with the fbi and boston police and other members of the jttf there. but i think another interesting aspect of this to me is we have all been -- many people have been making the assumption that dzhokhar was under the influence or spell of his brother and yet when he's discussing, making a bomb, you know, playing with fireworks, all of this with his friends, his brother is not there, so how much independent thought and independent desire to make a bomb, which he says he can make, and to get involved

and actually planting the bombs on the day of the marathon, and throwing them at the police, you know, four days later, how much of this is -- he did want to do it as well? he's an active under the control or controlled psychologically by the older brother. >> an interesting point, having been in cambridge and talked to a bunch of his friends and talked about how, you know, dzhokhar would follow his older brother around like a puppy dog. you're right, to the point this also shows the younger brother's sort of independence as well. >> this is absolutely fascinating, with regard to what these three may have known at the time of perpetrating the alleged kadyrbayev decided to remove the backpack and the vaseline. he decided to remove it from dzhokhar's room after concluding from news reports that tsarnaev was one of the boston bombers. the fireworks in the backpack were emptied of the powder.

believed that tsarnaev used vaseline to make the bombs. after the backpack and computer were in kadyrbayev and tazhayak tazhayakov's apartment, they watched news reports identifying tsarnaev and according to dias kadyrbayev, they collectively decided to throw the backpack and fireworks into the trash. it should be noted as well, since we're talking about three suspects, that the third suspect, robel phillipos, did not participate in the dumping of those items in the trash, but did know that dias had done so. these are the allegations from the criminal complaint. pretty unbelievable. >> wow. we're going to get more legal reaction. jeff toobin is on the phone. also talk to gloria borger, she's getting information from her sources in washington. those two guests coming up after the break, breaking news, again, awaiting that first court appearance of the three young suspects as we're learning the ticktock, the chronology before the boston marathon bombings, their conversation with this

younger tsarnaev with whom two of them lived with, and what they knew afterwards. i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you.

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involving lying to investigators and also conspiracy to obstruct justice, to cover up. we have been reading through page after page after page of this criminal complaint, learning about what these young people, two of whom lived, these are kazakh -- two young people from kazakhstan lived with dzhokhar tsarnaev, learning what they knew, what conversations they had with this young person before the marathon bombings and also after the fact, once dzhokhar tsarnaev and older brother were on the run, text exchanges involving moving his backpack, getting into the trash can, moving the fireworks, vaseline as well. gloria borger is joining me now. she's in washington. she, too, is learning more from her sources. gloria, what are you learning? >> well, a government official with knowledge of the investigation says to me that so far they have absolutely no sense that any of these young men were participants in the attack. so we should say that very

clearly, that obstruction of justice is the theory, at least as of now, he said, that they concealed essential evidence, didn't come forward to authorities, after the picture of the brother was released. now, we know you've been reading the complaint on the air, it is very clear from what is in the complaint that one of the young men, dias said, quote, that he removed the backpack from the room in order to help his friend tsarnaev avoid trouble. right? so they knew what they were doing. the question, i think, is did they know the significance of what they were doing. i mean, you've been saying on the air how idiotic they are, so the question is did they really understand the significance of what they were doing given the enormity of the boston marathon bombing? these two things just kind of don't compute. but, again, the authorities, according to my source, have no reason to believe that they were a part of the planning of the attack. >> okay.

so nothing to do with the planning, but perhaps involved in either -- >> cover-up, not asking questions, and covering up what we now know became of the boston bombings. gloria, thank you. jeff toobin is back with me on the phone. and, jeff toobin, again, you called our atension to the sheer stupidity of the three young people on air, we're crystal clear on the fact that authorities do in the think the three young people were involved in the planning of said attack, here on boylston street, but as we are reading, line by line through this complaint, it just makes you -- it boggles the mind how they could not have known what was going on and what their friend dzhokhar tsarnaev was involved with. >> well, it actually suggests that they did know what he was involved with, and chose to try to help him out. why would you get rid of evidence if you think your friend is innocent? so it is really worse than that

if the allegations are true. it is, you know, yet another story in the annals of friends trying to help each other in the worst possible way under the worst circumstances, and if these allegations are proven, these three young men are going to pay a very heavy price for that. >> but, it will pale in comparison to the price that their friend dzhokhar tsarnaev could potentially face, right? the death penalty currently is on the table because of the weapons of mass destruction charge. what could, if, in fact, they are convicted of said federal charges what kind of penalty would they be facing here? >> well, they would be looking at something up to about five years in prison. the federal sentencing guidelines give judges a certain range of possibilities to sentence, which, in part, depends on the severity of the

lie and the importance of the lie. i think many people remember that martha stewart went to prison for lying to an fbi agent in what was obviously a bad circumstance, certainly not a life or death matter. here, of course, you have an investigation of a terrible crime, involving the death of several people. so, these young men are very unlikely to get any sympathy from any judge. two of them are not american citizens. and i think are very likely to be thrown out of the country after they compete their sentences or if they're lucky instead of going to prison. but i think they have -- they have been free people in the united states for the last time, those two. >> yeah. gloria, jump back in. i hear you want to add one more thing. >> i think it is going to be very difficult for these young men to claim that they really didn't understand the enormity of what they were doing by

dumping the backpack, concealing evidence, helping out their friend as they put it, quote, to avoid trouble. i mean, there they are, in the middle of the boston marathon bombing, understanding the enormity of the damage and the personal destruction that had occurred, and they're suddenly dumping a backpack. so they could -- they could help out their friend. i mean, they may not have been involved in the planning of the attack as the u.s. government official tells me, but not responding and concealing evidence is an enormous crime which they're going to try and say perhaps we didn't get it, but that sort of strain s credulity here. >> the federal charges, false

statements, making false statements and conspire ciacy t obstruct justice. don't go too far. we're awaiting this first appearance in federal court, just down the road from me here in boston of the three young suspects now facing serious charges. we have this criminal complaint, we have new details after this quick break. welcnew york state, where cutting taxes for families and businesses is our business. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor.

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welcome back to boston. i'm brooke baldwin. ashleigh banfield, i want to bring you back in. we have been going through the criminal complaint that the three young suspects are facing, two of whom are from kazakh storm. they were dorm naturemates. >> i'm not sure they were dorm mates. i think they may have had another apartment, something separate from campus. trying to sort that out. even authorities called them roommates and dorm mates at different times. >> they were at dartmouth with dzhokhar tsarnaev and robel phillipos is charged with lying to investigators. to this point, this is a big deal, these are federal charges, they're due any minute in the federal courthouse, but to jeff toobin's point and yours as well, they would be facing five years, eight years, depending -- >> at a maximum. at a maximum. let's not forget. notwithstanding these are serious because of the circumstance that this city is in. if you're associated anything to

do with this -- these attacks, cover-up thereafter, it is awful. legally speaking, these are charges that for the first two suspects they could face only about five years max in prison, $250,000 in fines. and that's for the -- >> conspireing of the obstruction. >> obstruction. which defies logic. you think if you're getting rid of evidence, it may be more serious than telling a lie. both heinous, but the other, phillipos being charged with the willfully making materially false statements, that carries with it a more serious sentence, that's up to eight years. it is a maximum of eight years. and, again, another $250,000 in fines. i should also let you know in the complaint, mr. phillipos has also said at one point that the other two were speaking in russian. and i'm going to try to grab the quotes. mr. phillipos said he did not understand the majority of what kadyrbayev and tazhayakov were

saying because they were speaking in russian. he recalled at approximately 11:00 p.m., they had a discussion about what to do with the backpack and the fireworks. phillipos and kadyrbayev asked if they should get rid of the stuff and phillipos responded that kadyrbayev should do what you have to do. here from the school of absolute mothere morons, phillipos stated he then took a two-hour nap. when he awoke, the backpack was gone. he said he wasn't sure what took it from the apartment. this may mitigates the defense in the well or helps the defense in a way or mitigates his culpability in a way that the other two were speaking russian, he didn't understand russian. >> ashleigh banfield, thank you. now this. this is cnn breaking news. >> here we go, hour two, breaking news on cnn. i'm brooke baldwin. we're live today in boston as we're learning more about this

rapidly developing case here involving the boston marathon bombings from two and a half weeks ago. we have correspondents covering all different angles of this breaking story. first, here is what we know. three more people now in custody of the fbi, we have photographs here of two of the three young men. you see dzhokhar tsarnaev there, second to right on your screen. here are the other two young kazakh students where we keep talking about. these are the ones who allegedly are facing federal charges, lying to officials after these bombings. in addition, they are accused of moving items, specific items, from dzhokhar tsarnaev's dorm room at umass dartmouth and throwing them into the trash can. the criminal complaint filed against them, conspiracy to obstruct justice, by conspireing to destroy, conceal, and cover up tangible objects belonging to dzhokhar tsarnaev, namely a

laptop computer. and a backpack containing fireworks. and here we have the pictures of these fireworks right here. again, these photographs coming from this criminal complaint, the bin, this dumpster they allegedly threw this backpack and laptop in was, according to our source, then taken to a nearby land fill. this, of course, sort of connects the dots for us, because we have been reporting the last couple of days about this land fill, you see these investigators going through bits and pieces of trash, trying to find the laptop. trying to find the bag. this third suspect, we're learning about, this young man by the name of robel phillipos, was according to this criminal complaint, the one who had confessed that he had lied. so he acknowledges the lie when he was talking to agents about what the other two had done. i want to bring in national security analyst juliette kayyem, also a columnist for

"the globe," professor at harvard. walk me through here, let's just take it back for a minute. take it back. they're initially facing immigration charges. there is a school which dzhokhar tsarnaev -- >> two of them. >> two of them. and now it is a parallel story here, parallel paths. >> there were two court proceedings, we have two different judicial systems, one is immigration, one could say it is an easier system if you violate your immigration status, you go before an immigration judge. as of this morning, at least two of them were facing something -- some sort of immigration charge. that turns around within an hour and now they're facing this indictment. two takeaways. one is interesting, this is the first read, what the fbi is alleging at this stage. they met here. so for all of us putting the pieces together, about the foreign influence, the fbi is alleging or at least based on statements by the two that were indicted today, they met here at the school, family, they became sort of family friends, they

spent a lot of time together and it describes what could only be -- i don't mean to minimize it, but a lot of stupid activity on the part of those these two guys. they know it is dzhokhar. they're getting texts from him. they go to him his room and they're alleging they wanted to protect him. this may seem really idiotic or part of a conspiracy. >> one of the texts acording to the complaint, you look like the guy on tv. >> right. lol to finish that text. so the -- they then go in and dispose of material, the backpack and then later the computer, led in voluntarily by the roommate of dzhokhar, and just try to get rid of the evidence as if they're -- they're protecting dzhokhar. what we don't know by the allegations and don't need to know right now is whether they did that because they were involved with the planning of the boston marathon bombing. as i said earlier, this is -- all we need is this right now.

this is the early indictment, early complaint. the u.s. attorney's office can add on to them if they find they were later involved beforehand. allegations in this, everything is focused on the essentially the cover-up. >> then i just want to add to that, the last line of page 14 of the complaint, it is very telling, the investigator said that the backpack that was recovered from a land fill, i will remind you that the law enforcement agents were able to recover tsarnaev's backpack after getting this information from these suspects, from a land fill in new bedford where they believed to be a dumped. the service that removed it from the apartments they were in. it was partially enclosed with a bag with handles. the agents recovered the fireworks, a jar of vaseline and here is what is fairly telling. a homework assignment sheet, among other things. and the investigator says i have determined the homework assignment sheet is from a class in which tsarnaev is currently

enrolled. so, right here, black and white, the allegations, remarkable. >> stupid and for purposes of those -- >> and people trying to put the pieces together and don't try to put them together too quickly. this will lead in many dire directions, but however masterful an attack it was in term of the fact that the bombs worked, worked simultaneously, they -- the sophistication, everything we saw post monday at 2:00 p.m., monday the 15th at 2:00 p.m. looks really, really disorganized. >> can i ask you this is with regard to what we were talking about in the complaint, minus the homework assignment sheet, really speaks to the cover-up. but in the same sense, if you have a bombing and let justice's just say there is an allegation down the road they knew it would happen or they participated, why would it be several days before they get rid of the evidence? wouldn't you think that would be -- they would be frantic in those days? if the suspects had anything to do with it, they would be frantic. >> that's exactly right.

going to -- back to the 15th, if you can remember, these were not suicide bombers, not people who were -- these were people looking to hide. well, if you're going to try to hide successfully, you should hide the evidence. and so this is just consistent with what you were saying that none of it really makes sense in terms of what were they -- what were they thinking of doing if they were thinking about the cover-up. and then that's where the friends come in. and just essentially try to hide this stuff because as one of them says, you know, we were friends, i didn't want to get him into trouble. it shows a disjoint between what happened and the activity of these students. >> and we're minutes away, we're minutes away from this very first court appearance with the three young students, these three young people at the federal courthouse, not too far from where we are here in boston. brian todd is there, i'm sure with a bevy of other news crews, awaiting this first appearance. brian, tell me what you're seeing and what do we expect? >> reporter: well, brooke, we

can expect the people named in this complaint, the three people we have been talking about, to make an appearance here at about 3:30, little less than half an hour. we're expecting one attorney for them to come out and speak to the media, and detail what happened in the courtroom, and, of course, talk about their defense of this. we have observed heavy security here at the moakley courthouse near boston, homeland security officers here in full riot and other gear, just swarming this place and keeping very close guard on it. police and other vehicles, all around the building, very heavy security here. we have got roving teams kind of trying to film these suspects if they come in, unless they already have come in, if they come in in one of side entrances, hopefully we'll catch that. the crux of these complaints, you guys have been going through this for the last couple of hours, as we know, the crux of complaint is on april 18th, the day before dzhokhar tsarnaev was taken into custody, that all three of these people have admitted that they removed dzhokhar tsarnaev's backpack

from his dorm room and two of them, dias kadyrbayev and azamat tazhayakov said they agreed to get rid of the backpack after concluding from news reports that dzhokhar tsarnaev was one of the boston marathon bombers. they found later officials found the backpack they removed in the land fill, the backpack contained in it, you've been going over this, fireworks, a jar of vaseline and homework assignment from umass dartmouth. the complaint says that the -- two of these defendants, kadyrbayev and tazhayakov, placed the backpack in a trash bag, and threw it into a dumpster. now, a couple of other details from the complaint are very interesting. according to this complaint on page 11, a footnote, it says during the interviews, tazhayakov informed the fbi that while eating a meal with dzhokhar tsarnaev and one of the other suspects here, kadyrbayev, about one month before the marathon bombing, that dzhokhar tsarnaev had explained to the two of them that he knew how to make a bomb. so that's something that we'll

try to get more detail on what did they know about any of this beforehand. and, again, these accusations in the complaint all involve actions, alleged actions after the bombings. no evidence, no indication at all that any of these three people involved in this complaint were involved in the planning of the bombings prior to it. but, of course, people are -- investigators will try to get what the they knew about this before the bombings, brooke. >> brian todd. thank you so much. we're going to come back to you as soon as we see activity where you are posted at that federal courthouse in mere minutes. meantime, want to go back to washington to our chief washington correspondent, and anchor of "the lead," jake tapper. jake, you are hearing that dzhokhar tsarnaev may have contacted all three suspects the day before he was caught. what did he reportedly ask these guys to do? >> that he had contacted the suspects. i don't know about all three. here is the thing. if you go through the criminal complaint, there are a lost unanswered questions that i suspect the fbi is going to try

to flush out as they build the case even stronger. we know based on text messages sent by dzhokhar tsarnaev to kadyrbayev, the suspect arrested today, that kadyrbayev had texted tsarnaev after the photographs were released, quote, and told him he looked like the suspect on television. tsarnaev's return text contained lol, and other things that kadyrbayev interpreted as joke, you better not text me and come to my room and take whatever you want. now, i don't understand why come to my room and take whatever you want is a joke, that doesn't really make much sense to me, but then we know -- >> no. >> the three suspects arrested today went to tsarnaev's apartment and then to hear some other thins that don't really make a whole lot of sense, they noticed the backpack containing fireworks that had been opened up, the gunpowder taken out. kadyrbayev knew that tsarnaev was involved in the marathon bombing. he also found a jar of vaseline

in the room, and told tazhayakov, the other -- one of the other suspects, he believed tsarnaev used the vaseline to make a bomb. now, i don't know about you, brooke, but that's not what my reaction is when i'm walking in a cvs and see a thing of vaseline that somebody will use that to make a bomb. that's not just like a knee jerk response to a sighting of vaseline. it is just kind of odd. >> it is odd. it is curious. and you know these investigators are asking a lot of questions and perhaps they're questions these young people should have been asking their friend, some days ago. jake tapper, thank you very much, for going through this criminal complaint. quickly, we're going to go to break in a quick moment. ashleigh banfield, one more little nugget. >> this is really interesting, i don't think i heard this yet, forgive me if i'm reading, but kadyrbayev says in the affidavit, the criminal complaint, that apparently on the afternoon of april 17th, that would be two days after the marathon bombings, on wednesday, so prior to knowing all of this activity we're talking about, but after the bombing, he said

he drove to tsarnaev's dormitory and texted him to come down and meet him. when tsarnaev came down, kadyrbayev noticed that tsarnaev had appeared to have given himself a short haircut. so possibly to obscure his appearance. >> there you go. >> i was just going to add, i think he's right. what kind of behavior is this? is this a joke? is this people who don't get the consequences of what they're doing? or is this part of something bigger? and i think that to remember about the complaint is that it is first salvo to keep them. there might be more. just like we have seen with other things going on, sometimes the first salvo gets a lot more complicated over time. >> and alan dershowitz noted, sometimes you charge in order to squeeze and squeeze harder and get information that leads you to your more important conviction, which, of course, is dzhokhar tsarnaev. >> keep asking the initial charges. juliette, thank you. ashleigh, thank you. after the quick break, we'll take you to new bedford where we have susan candiotti standing

by. we're waiting any minute now to see the young suspects appear at this federal court outside of -- we could get our first glimpse as they make their first appearance here in boston.

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back here live coverage in boston. three more people now in fbi custody. two of them are charged with obstruction of justice. the third with lying to federal agents investigating the bombing. and as we're getting new information, reading through, what is this now, a 14-page criminal complaint, we're learning a little bit more as far as what these three young people, two of whom from kazakhstan, one an american citizen, several of whom attending umass dartmouth with the younger suspect, dzhokhar tsarnaev, what they knew about this plan, either pre-bomb attack here on boylston street in boston, but specifically also after the fact, what kind of

communication. it sounds like there was communication, texting going on between dzhokhar tsarnaev having according to this complaint tossing a backpack, tossing inside of this backpack, fireworks, vaseline, a homework assignment in this black bag and tossed in a dumpster which investigators have now found in a land fill. i want to bring in ben walsh, joining me here. thank you for being with me, sir. >> good to be with you. >> and ashleigh banfield along on my side. as we have been going through, your reaction? >> if you're viewer that just turned in or seen a headline three more arrested, two might be foreigners, you're jumping to a bigger conclusion. >> a bigger plot. >> i don't think we can underline enough while there may be more charges coming, this may develop as it goes along, right now, that's not the way it looks with respect to -- >> i want to add to that, there is one detail that one of these foreign students actually had

returned to kazakhstan in december and then as i understand he had dropped behind on some of his classes, fell in the outs with the school, but still was able to return back to the united states. and that would have an issue violation, a visa violation, around january 20th, he was allowed to return back to the united states. the kazakh visit over december could have been a holiday. don't know. >> he's from there. it is not incredible he would go back and visit. >> over a christmas vacation from college. >> exactly. they're both foreigners. you think maybe there is a foreign plot. when folks are foreign students and go a college, often those are people who you become friends with. >> i want to throw a little bit of water on this only because right directly from the complaint, april 18th, by my math, thursday, thursday at 6:00 p.m. and 7:00 p.m., between those times, kadyrbayev and tazhayakov, i beg your pardon,

really struggling with the russian names today, tazhayakov and phillipos went to the umass dartmouth campus and went to his dormitory room, tsarnaev's roommate, unnamed at this point, let them in saying tsarnaev had left a couple of hours earlier. they spent some time in the room watching a movie. we have napping and now watching a movie, they noticed a backpack containing fireworks. the fireworks had been emptied, opened and emptied of powder. kadyrbayev knew when he saw the empty fireworks that tsarnaev was involved in the marathon bombing. kadyrbayev decided to remove the backpack from the room in order to help his friend tsarnaev avoid trouble. he decided to take tsarnaev's laptop as well because he did not want tsarnaev's roommate to think he was stealing or behaving suspiciously, just by taking the backpack. >> acknowledgement. >> so let's be careful here that comes after the fact. that's a different story all

together to say they were involved before the attack. >> this is all after the fact. >> question whether this is part of a broader plot. there is issues about the older brother's travel back home, exactly. and there are allegations about his interactions with other people. ta as it relates to these three so far, the thing that struck me about this, all law enforcement officials said and underlined as they have since the first day, really that there is no ongoing threat to the city of boston or elsewhere. we are not talking about something that is -- >> important for boston police to be the one -- we said this morning, to get ahead of it, to say, look, we're okay. we're okay. >> we also remind viewers if you're tuning in and hearing pieces of this lengthy criminal complaint, these are allegations, this is still a federal allegation against three suspects, these are by no means fact, this statement that is ascribed to these suspects are also allegations by the government. i want to make sure everyone hears that. it is not fact. it is an allegation of fact. >> we're just reading through this. we're getting this new information here, really on the fly, as we're all speaking.

what we do know specifically is that these three suspects two from kazakhstan, one from right here in the united states, will be making their first appearance at the federal courthouse in -- really now mere minutes. 3:30 p.m. eastern time. we have a camera there at that federal court. we will show you the live pictures as soon as we possibly can. jim walsh, thank you very much. ashleigh banfield, thank you very much. as i say, we're getting new information, including new information when it comes to social media and the young suspects and what they knew and why they didn't stop this. back after this. [ male announcer ] what?! investors could lose

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ask your health care provider about novolog® flexpen today welcome back here live. special coverage in boston. two and a half weeks after the fatal boston marathon terror attacks, we are now learning of these three suspects who now have been arrested and in minutes will be appearing at a federal courthouse here in boston. this is their first appearance. and according to a source, police caught on to one of these students, these umass dartmouth students facing charges after making a change to his facebook page. what was the change? >> this is what is so interesting. it is the suspect dias kadyrbayev, the one who really hit the radar of investigators, even before dzhokhar tsarnaev was even caught. the reason being is that on the

thursday, the pictures of dzhokhar tsarnaev and his brother were released to the media. those three friends, including him, they went to dzhokhar tsarnaev's dorm room and actually removed a backpack and the computer as you've been reporting. at 3:00 in the morning, dias actually removed a photograph of himself and dzhokhar tsarnaev from his own facebook page. that was the first thing that didn't seem to make sense. another thing that didn't make sense is a few hours later, at about 4:50, within a 15-minute window, both he, dias, and his friend dzhokhar, both of their photographs were changed. within 15 minutes of each other. that's when the bomb suspect is still at large. he's still on the run. so the question on is were they communicating, were each of them -- did they each change the facebook page or did one have access to another's account. all of that is being looked at closely. this is the suspect, though, dias kadyrbayev, he's the one who will be making that

appearance a few moments from now. but it certainly doesn't look good for the friends. they may have been trying to protect their friend, but what they did was obstruct justice and destroy evidence or potential evidence. brooke? >> deb feyerick, thank you. we will take you to that federal courthouse live here in boston on the other side of the break. we'll also take you to new bedford, a town here in massachusetts where these young people were arrested, and it is not too far from umass dartmouth where they're attending school with this younger suspect dzhokhar tsarnaev. special coverage here in boston after this. you have the potential to do more in business. by earning a degree from capella university, you'll have the knowledge to make an impact in your company and take your career to an even greater place. let's get started at capella.edu.

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we are watching as we should be seeing these three young suspects, the two from kazakhstan, azamat tazhayakov and dias kadyrbayev and this american robel phillipos, all friends of dzhokhar tsarnaev,

all of whom face federal charges. the kazakh students facing conspiracy to obstruct justice and by reading through the criminal complaint as we have been learning, they're the ones who alleged to have tossed out as per instruction from their friend dzhokhar, tossing out the backpack and the fireworks. we have seen the pictures of the fireworks, tossing out vaseline, tossing out the laptop computer and the third suspect, this american is facing charges of lying to the fbi. want to take you straight to the federal courthouse, which is where we find brian todd. brian, let me ask you this, having covered stories like this before, you can't have cameras in the federal courthouse, do we know if we will even see these three individuals? do we know how authorities will be bringing them inside the court? >> reporter: well, brooke, we believe that our colleagues inside, my colleague pamela brown, my pamela adam wreath are both inside the courtroom right now, courtroom 19, they'll be able to physically eyeball the three people, and they'll be, of

course, courtroom sketch artists in there, now how long the appearance will be and whether they -- any of them will speak, we're not clear yet. we'll get those details from pamela and adam when they come out of the courtroom. no cameras are allowed in, no phones, no nothing. that's standard procedure for a federal courthouse. this is the moment, right about now, 3:30 p.m. eastern time that this hearing was scheduled to begin. and, again, to bullet point it, the three people arrested, dias kadyrbayev, azamat tazhayakov and robel phillipos, accused in this criminal complaint that i'm holding with conspireing to obstruct justice, and making false statements to investigators, all after the fact, after the bombings, when investigators were looking into evidence in dzhokhar tsarnaev's dorm room at umass dartmouth in new bedford, massachusetts, in the days after the boston marathon bombings. the suspects, right about now, expected to appear in court. we have gotten a lot of good detail about what they're accused of in this complaint.

one piece of -- just piece of detail we got is that one of them said on april 17th, two days after the boston marathon bombings, he drove to dzhokhar tsarnaev's dormitory, asked to meet him, and when he met dzhokhar tsarnaev, he noticed that dzhokhar appeared to have given himself a short haircut, maybe in an effort to change his appearance. that's one of several details in this criminal complaint, brooke. i know you've been going over it for the last couple of hours. the essential accusation against these three is that they removed a backpack of dzhokhar tsarnaev's from his dormitory room on the night of april 19th, the night before he was captured, a backpack with fireworks, vaseline and a homework assignment from umass dartmouth. removed that. one of them put that in a black trash bag and into a dumpster and that was then taken to a land fill. investigators later found that backpack in the land fill, with those items in it. that's the essential complaint against these three, that they conspired to remove that piece

of evidence and thyroid investigatothey continued to lie to investigators about it. one attorney may speak to reporters to lay out their side of it, we hope. >> brian todd, thank you. we'll come to you as soon as there is activity where you stand here in boston at that federal courthouse. want to take you now to new bedford, massachusetts, where we have susan candiotti. just to be clear, new bedford, this is where some of the young suspects were arrested, not too far from where they're ed atteng school. what are you learning there? >> reporter: that's right. that's -- you said set that up correctly. this is where those three -- two of the three students were living here. and it is near the campus. of course, the first thing i did when i arrived here a short itie ago is sample opinions of what people think about what happened. a lot of them astounded. one in particular, this gentleman said, the fact that these young men are being charged with allegedly lying to

authorities, but much perhaps more serious than that, allegedly destroying evidence, throwing away, trying to disguise what was allegedly used by getting rid of materials that belonged to the suspects in this case. at least dzhokhar, anyway. they said, how could that happen in this day and age? you would think after these attacks on 9/11 that people would be more willing to help investigators try to solve the case, stressing that these aren't charges at this time, but pretty shocking ones to the people who live in this neighborhood. call it a very quiet neighborhood. you know, two of the things, brooke, that stick out to me in reading this lengthy criminal complaint was not only did they talk about removing allegations about removing a -- the backpack with the fireworks inside, and getting under that in a dumpster, but they also talk about removing a laptop, a laptop computer. but there seems to be no indication of what happened to that, only that one of them is accused of removing that laptop

as well. so there is some question there. the other key thing we're learning from this is that about three months ago according to this court document, a few months ago one of these students talks about setting off fireworks along the st. charles river with dzhokhar. and remarking at the time that he remembered that there was no powder inside the fireworks tubes and thinking, well, that seems rather odd. and the other is an acknowledgement in one of the footnotes of this complaint that dzhokhar allegedly told one of the students that he knew how it make a bomb and talked about using vaseline and fireworks. so those are two key pieces of information that we certainly hadn't heard before. brooke? >> yeah, we were learning from the complaint there, there was discussion as you mentioned, prior to the horrific day that rocked this city two and a half weeks ago, discussion from dzhokhar tsarnaev with some of these guys, talking about

bomb-making. susan candiotti, thank you so much for your insight there in new bedford, massachusetts. and, again, we're watching live pictures here. i'm looking at a tiny monitor trying to see if those are -- if there is activity outside the federal courthouse or not. here is a bigger picture. again, we are awaiting this first appearance at this federal courthouse, i'm seeing big white trucks, they could be news crews, they could be law enforcement. just get in my ear, i'm talking to the control room and let me know if there is a buzz about what is happening here. when we come back, as we talk about these federal charges, and these three young people are facing, you may be surprised when you think of the, forgive me, sheer stupidity of these allegations and the egregious nature that the penalty here may not be what you think it could be. we have more on the legal angle of the case for the three suspects next. i'm also a survivor of ovarian a writand uterine cancers. i even wrote a play about that.

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today. liberty mutual insurance -- responsibility. what's your policy? welcome back to breaking coverage here in boston. i'm brooke baldwin. and as we talk about the -- what these federal charges mean for these three suspects, these two individuals from kazakhstan, one young man here from the united states, facing federal charges, specifically facing conspireing to obstruct justice, and also lying to investigators, two federal charges facing penalties of up to five or eight years. that is the maximum and also

depending upon which charge we're talking about. sunny hostin, our go-to cnn legal analyst here, let me bring you in. sunny, again, awe are awaiting official confirmation from our folks at the federal courthouse in boston, these three suspects are in there, can you just first tell me when it comes to the first court appearance, what will be happening? >> absolutely. i can tell you because what happens at an initial appearance in federal court happens at every single initial appearance, brooke, because it is prescribed by the federal rules of criminal procedure. what will happen today is they will be advised of the charges that have been lodged against them in the complaint. they will also be ed advised ab their right to have counsel and if they can't afford counsel, counsel will be appointed to them. the magistrate must advise them of those things. the magistrate must also advise them of their right to remain silent. now, remember, when dzhokhar tsarnaev was advised of that,

during his first appearance, in the hospital room, so many people were very upset about that and said the magistrate judge determined that on her own. that is not the case. this happens in every single initial appearance. so i am certain that that is what will happen today in court. what is also going to be, i think, interesting, an issue that will come up because it must come up, brooke, is the issue of bail. we know that one of these suspects, one of these defendants is a u.s. citizen. the other, the other two are not. they did have some visa issues and so i suspect that there will be a lot of time spent on issues of bail and whether or not these three young men will be leaving that courthouse today, or whether or not they will be -- they will remain in custody. >> okay, that's a great point, what literally -- physically happens to them once they have the first court appearance. and, just stick with me, i want to bring in juliette kayyem and

ashleigh banfield who are alongside, also having read through the 14-page criminal complaint, sort of discussing as we await the official acknowledgement, what are you making of all of this? >> there is a couple of key points coming out of it, and it is just clear that the people that they thought they had early on, remember this new bedford investigation that sort of unfolded that friday night, the 19th, they have been watching, tracking, going through the immigration profiles of them. so this has been going on because they want to put the pieces together. at least according to the complaint. they met here, i think that's relevant just because we're all curious about sort of where are -- if there are any foreign influences to the planning of the attacks as compared to radicalization or what else might have gone on with the older brother in russia. and then just a series of activities that one could describe in the best light as stupid, in the worst light as

co-conspirators. so it is less open by the indictment -- >> i got to say, stupid or co-conspirators or young and foolish. something that i found here that i think is somewhat telling. i hope it is not just the language of the fbi special agent who did the affidavit, but it talks about the night of the 18th where cnn was broadcasting wall to wall images that based off that they showed one another, that they then became well aware that dzhokhar tsarnaev, their friend, was the man that they were seeking. >> acknowledgement. >> total acknowledgement and said they went to the dormitory room and were let in by his roommate. before they went in, kadyrbayev showed tazhayakov a text message from tsarnaev that stated i'm about to leave. if you need something in my room, take it. and when tazhayakov learned of this message, he believed he would never see tsarnaev again. once inside the dormitory room, kadyrbayev located a backpack that contained an emptied out cardboard tube that he described as fireworks.

and earlier tazhayakov had seen tsarnaev with fireworks which tazhayakov and the others set off along the banks of the charles river. the discovery frightened tazhayakov because the powd her been emptied from the tube. he goes on to say, he found the vaseline, he became very aware that this is likely what he used to make the bomb. so the notion that he became frightened, a description of the investigate, i think is somewhat telling as to what these kids were going through at a time when we're all suggesting right away that they were stupid, don't forget these are kids, foreign kids, probably in their country -- >> 19 years of age. >> in their country -- >> we commented on that, taking a nap in the middle of all this. >> you don't know what the law in their country what they're used to, would immediately ascribe to these kinds of behaviors. >> doesn't matter because they're right here. >> right here. >> however one would read those, whether their sympathetic or -- not sympathetic, whether they are just not aware of their

consequences of what they were doing, or that they were co-conspirators to the planning, and that's left unclear because it might still be, what they did and what the u.s. government is doing now is essentially trying to get them to open up about any communications. they describe a long-term relationship among all of them, families knew each other, and so this is part of the process of trying to put the pieces together of the bombing itself. that's go to be the most relevant because we have been talking about intelligence sharing and russian influence and russian terrorists and everything else. and the most important thing is that we get the story right so we can learn from it. and that's probably what -- >> people are going to be really angry with this and not want to negotiate much. >> much more from boston. much more also from the federal courthouse where the three suspects could be sitting inside the courtroom, could be, could be entering any moment now. back in boston in just a quick minute.

breaking news here on cnn as we have been covering through the past couple of hours as the

news has come out now that there are three suspects, these three young people, by the name of -- all of them, 19 years of age, azamat tazhayakov, dias kadyrbayev, and robel phillipos, two from kazakhstan, the two pictured here. the third, we don't have an image of him yet. he is the american suspect here. all of them facing federal charges. we have brian todd at the federal courthouse here in boston. brian, do we have any word whether or not they are inside the building yet? >> reporter: we believe they're inside the building, brooke. we believe the hearing is going on now. i have three colleagues inside the building who have potentially lost communication with the outside world because those are the rules of federal courthouses. my colleague pamela brown, producers adam reese and dougal mcconnell are inside there. they'll be coming out as soon as the hearings are finished. we believe there may be more than one hearing attached to this, not sure about that. but we believe the suspects who were arrested today and the names again, dias kadyrbayev, azamat tazhayakov and robel

phillipos are inside this courthouse now engaging in their hearing. that's what we can tell you right now. we'll have more when hopefully attorneys for at least one of them will come out in the moments after these hearings end. >> brian, let me just ask you quickly, i think it is just important as people are tuning in, just to reset exactly how authorities were tipped off that these three, don't want to say involved, but have information regarding after these bombs went off here on boylston street. we know they were taken in, they were questioned, there was some student visa issues, and then now facing federal charges. take me back to the very beginning, if you will. >> reporter: well, at the very beginning, brooke, they were rounded up on april 19th, which was the day that dzhokhar tsarnaev was captured. they were rounded up from their residence near umass dartmouth campus in new bedford. the first two suspects, the kazakhstan students and another

person were rounded up, brought in for questioning. and they were released that night because of a lack of evidence. they were then taken into custody again over that weekend. either on the 20th or the 21st, either on the 20th or the 21st and the two kazakhstan students were arrested and charged with visa violations. they violated allegedly their student visas by not going to class. now, they have been held since that time, and they had an immigration hearing even this morning after which they were detained. so we have always gotten the impression since they were taken into custody on those charges, the visa immigration charges, that investigators at the very least wanted to know more from these people. and now we know from this criminal complaint that, again, accuses them of conspiring to obstruct justice and making false statements that the initial statements that they gave to investigators, either on april 19th or over that subsequent weekend just did not sit well with investigators for

some reason. they made, allegedly, false statements. they misrepresented what they have done. the criminal complaint now accuses them of on the night of april 18th before dzhokhar tsarnaev was arrested, the night before, of going into his dorm room and removing a backpack of dzhokhar tsarnaev's, a backpack that was later found in a landfill near the campus, a backpack containing fireworks, a jar of vaseline, and some homework assignments from the college, they had apparently according to this complaint misrepresented what they had done, told them they hadn't done anything, hadn't touched any evidence, but apparently now according to this complaint they had done that and they misrepresented that. now, how investigators kind of came back to them, and got this set of facts that they are now accusing them of, we don't quite know whether one of them may have broken under questioning, whether, you know, something else may have happened to tip them off. that's not what we're not quite clear of right now, brooke. >> okay. okay. brian todd, for me at the

federal courthouse in boston i'll let you go and do some reporting and figure out exactly what is going on in the courthouse behind you. i appreciate you so much. let me just check back in with you in new york here just with your legal hat on. when we talk about these federal charges, conspiracy to obstruct justice, lying to these federal investigators, lying to the fbi, when we know what happened here in boston two and a half weeks ago, one would think that maybe the penalty would be potentially years and years in a prison, but that's not the case, correct? >> that's right. the obstruction of justice charges, i believe the penalty is five years, up to five years in prison. that's the maximum. the other charge, lying to federal agents, the maximum penalty is eight years. so i've got to tell you, federal agents are very, very upset when you certainly obstruct an investigation, but when you actively, intentionally lie to

them, and sort of shift the direction of an investigation, it's very, very difficult for investigators. that's why you sometimes see the larger penalty for lying to federal investigators. but you're right. i think especially in what many believe is a domestic terror case, you would think that the penalties would be a bit higher, but they're really not. we're talking about five years and eight years. but remember, these are 19-year-olds and, so -- >> right. >> five years in a federal prison, i've been to federal prison. i haven't been an inmate but certainly i've visited federal prisons. it's not a happy place. so five years is, you know, five years too many for anyone. >> okay. thank you. let me come back over here. >> this is all happening live. >> that's how we roll sometimes here at cnn. but to you and your point, i think it's important to make it once again for people who are just now joining us the fact that when we think of what

happened here, a block and a half that way, the sheer destruction, the ruining of lives, the sophistication of that plot, the successful plot, the bombs going off, then when we look at the aftermath, right, these two guys on the run, the younger one partying, working out at u-mass dartmouth, and now, clearly, communicating according to this criminal complaint with some college buddies to try to dispose of evidence dpsh- >> it is not an exit strategy we're used to. >> no. >> for those who have been involved with these cases. they weren't as we've been saying suicide bombers so they knew they were going to survive. so that just, you know, is part of the mix of all of the information about determining both how did they plan this? were there foreign contacts or foreign planning? or was this something else? and i think at least from the complaint it's -- it shows a very disorganized, unsophisticated, you know, if to be believed, set of reactions

and relationships between the four of them that essentially tried to dispose of materials that would have shown he was guilty. i should say "the boston globe" where i work is in there now tweeting live at boston.com and they are saying that two of the defendants are there now and have said that they -- they do not need public funds so that is at least some stuff coming out. the third defendant has not appeared yet. >> phillipos? >> they didn't say. a lot of people will come out with information. "the boston globe" is reporting that now. >> we have a crew in the courtroom so as soon as they get information of course we'll bring that to you. you have this 14-page criminal complaint. i just think it's worse reiterating some of the details, the communication, the texting, right, between dzhokhar tsarnaev and -- >> and the lying. >> let's not forget. >> it is clear in this affidavit as you progress through the details that they first interviewed -- said they didn't

know what was going on or they had no idea the significance of what tsarnaev might have been asking them to remove. on second and subsequent interviews they had to finally admit they did know. they'd actually been watching cnn. they quoted it in the affidavit that it was cnn they showed and shared amongst themselves to prove their friend dzhokhar was a wanted man and not just any wanted man, the number one wanted man. >> as we mentioned, we had someone in the courtroom. pamela brown has been covering the story here in boston. pamela, you are joining me. you are in this federal courthouse. tell me what's happening. >> well, brooke, that's right. the initial appearance involving the two suspects that were arrested early this afternoon, diaz kadyrbayev and tazhayakov made an appearance today in the initial appearance in front of the magistrate judge miriam boller interestingly enough the same judge that administered

miranda rights to dzhokhar tsarnaev. the two suspects walked in. they were handcuffed and their feet and hands were cuffed and they listened to the judge as the judge read miranda rights and presented them with the charges of obstructing justice. when the judge asked if they understood they said, yes, and then came time for questions for bail. at that point, both attorneys decided to waive that. they opted for voluntary detention, declining the questions for bail. i spoke to one of the attorneys after the hearing. he told me that they wanted more time to present a bail package to the judge. so we know that on may 14th, at 11:00, the probable cause hearing is scheduled at this point. that's what happened and what we know so far. >> pamela, let me just ask you, when you saw these two 19-year-olds cuffed, you know, ankles and wrists, how did they appear? were they making eye contact?

were they looking down? give me a little bit more color. >> yeah. they walked in. one walked in in a t-shirt and jeans. the other was wearing a gray sweater and a navy khakis. they walked in with their heads down and looked downtrodden. they looked, you know, upset. and they didn't make eye contact with anyone. they didn't really look at anyone that was in the courtroom. this was a packed courtroom full of journalists and federal government authorities. they didn't look at anyone. the only people we saw them talking with of course was their attorneys. when the judge asked them if they were -- that they understood the charges they were very soft spoken when they answered, yes. so, clearly, this is something that these two suspects, these 19-year-olds as you point out, are very upset about. and just want to note here this morning there was a -- another hearing for immigration. there was a hearing for removal -- removal proceedings. so essentially these two

students from kazakhstan had allegedly violated their student visas so there was this removal proceedings this morning and now they are here inside the federal courthouse facing federal charges. >> right. the immigration charges and then of course the federal charges. pamela, 45 seconds. can you just tell me, where is this third suspect? where is robo phillipos this u.s. citizen facing charges of lying to the fbi? >> reporter: after the hearing with the two students from u-mass dartmouth, the two we just talked about, now the other hearing is taking place involving the third suspect, the other student at u-mass dartmouth. right now we do have cnn correspondents and producers inside that courtroom of course who will bring you the very latest with what happens during that hearing. >> okay. pamela brown, live for me there in boston. just outside of the federal courthouse reporting on those two young students from kazakhstan who had been at u-mass dartmouth.

the bail has been waived. they are taking voluntary detention while their attorneys sort of try to figure out and present a bail package there to the judge. and that is it for me here in boston. but please do not go anywhere. we'll continue this breaking coverage with my colleague jake tapper who is up next. "the lead" starts right now. breaking news. three new suspects in the boston terror investigation appearing in court moments ago. i'm jake tapper and this is the lead. college buddies of the accused boston bomber dzhokhar tsarnaev are now under arrest accused of helping him get rid of key evidence as the feds hunted him down. they're probably regretting that terrorista license polite about now. what do we know about what they knew and should bells have gone off when one of the suspects tried to get back in the country earlier this year? we'll get the latest intel from congressman peter king. four lives